Apple pulls old iPhones from online store in Germany as Motorola wins 2 patent battles

When it comes to patent battles, it really does seem to be a case of you win some, you lose some.

Apple's latest defeat, for instance, comes against Motorola in Germany – a region where it had previously enjoyed success against rival Samsung, forcing the firm to change the design of its range of Galaxy Tab tablets.

However, the Cupertino-based giant is now on the wrong end of two different rulings, with a Mannheim court siding with Motorola and issuing a permanent injunction against Apple products that utilise iCloud.

The patent Apple has infringed relates to the push email functionality Apple previously offered via MobileMe, now served up in iCloud, though it's practical impact on Apple's operations in Germany is believed to be minimal.

Instead, more attention is being focused on Apple's second defeat, which relates to a FRAND patent battle that originally ensued back in December.

The case refers to rules that require OEMs to license IP on Fair, Reasonable and Non-Discriminatory terms, so that any IP declared as an industry standard isn't intentionally made more expensive for competitors in the smartphone field.

It's this loss to Motorola, reports paidConent.org, that has resulted in Apple pulling the sale of a number of older models of iPhone and iPad from its German digital store overnight.

It's unclear how long this sales ban will remain in effect, though Apple has confirmed that – in the case of both patent defeats – it will seek to appeal the decisions.

They are available from stores and other resellers though.

"Apple believes this old pager patent is invalid and we’re appealing the courts decision," the company said in an email statement regarding the first case.

"While some iPad and iPhone models are not available through Apple’s online store in Germany right now, customers should have no problem finding them at one of our retail stores or an authorised reseller."

It's claimed Apple has been trying to license Motorola's FRAND patents to cover chips utilised in pre-4S devices for some time, but to no avail. Indeed, legal experts are unsure whether it may already be covered through an existing agreement with Intel.

The off-shoot of this particular case, however, is that it may result in Motorola's FRAND practices being investigated Europe-wide, something Samsung has already fallen foul of.

It could have an impact on the EC's ruling of Google's proposed takeover of the manufacturer.

[source: paidContent.org]